Críticas à declaração do Supremo Tribunal Federal de inconstitucionalidade da exclusão física dos autos do inquérito

Abstract

The article aims to critically evaluate the decision of the Federal Supreme Court, which declared, at the end of the joint trial of Direct Actions of Unconstitutionality 6298, 6299, 6300, and 6305, the unconstitutionality of the provision established in § 3 of Art. 3-C of the Code of Criminal Procedure, which determined the physical exclusion of police investigation records from the case files. To conduct a satisfactory analysis, this article will present the systemic paradigm aimed at by the concepts of criminal procedure in the light of the constitution, namely the accusatory system. For this purpose, it will rely on the theoretical collaboration of authors Geraldo Prado and Aury Lopes Júnior. Following this, the focus will be on the figure of the judge of guarantees, responsible for safeguarding the physical records of the investigation, thereby promoting the physical exclusion of investigative records, a crucial measure for the affirmation of the accusatory system. The exclusion of investigation records will also be assessed in consensus with the aforementioned institution, aiming to promote a criminal process where the judge is genuinely impartial. To contribute to the presented argument, writings from various authors such as Gustavo Badaró, Hugo Caporal, Guilherme Amorim de Campos, Aury Lopes Júnior, and Ruiz Ritter Linhares will be used. Finally, the grounds that led the Federal Supreme Court to decide on the unconstitutionality of the aforementioned measure will be explained, along with relevant criticisms of the decision, as well as the presentation of the provision determining the exclusion of investigative records in comparative law.